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Text of Rep. Sabo's Public Access to Science Act
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Peter Suber
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Jun 30, 2003 10:29 PDT
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[Here's the text of a draft version of Rep. Sabo's Public Access to
Science Act. I haven't put it online before now, thinking that any
minute the official text would appear either at Sabo's home page or in
THOMAS, the semi-official Library of Congress database of pending
bills. But so far it hasn't appeared in either place.<br><br>
Rep. Sabo's Congressional home page<br>
<a href="http://www.house.gov/sabo/" eudora="autourl">http://www.house.gov/sabo/</a><br><br>
THOMAS<br>
<a href="http://thomas.loc.gov/" eudora="autourl">http://thomas.loc.gov/<br><br>
</a>--Peter.]<br><br>
<br>
108TH CONGRESS<br>
1ST SESSION<br>
<b>H. R. _____<br>
<br>
</b>To amend title 17, United States Code, to exclude from copyright
protection works resulting from scientific research substantially funded
by the Federal Government.<br><br>
IN THE HOUSE OF REPRESENTATIVES<br><br>
Mr. SABO introduced the following bill; which was referred to the
Committee on __________.<br><br>
<b>A BILL<br><br>
</b>To amend title 17, United States Code, to exclude from copyright
protection works resulting from scientific research substantially funded
by the Federal Government.<br><br>
1 <i> Be it enacted by the Senate and
House of Representa-<br>
</i>2 <i> tives of the United States of America in Congress
assembled,<br>
</i>3 <b> SECTION 1. SHORT TITLE. <br>
</b>4 This Act may be cited as
the ‘‘Public Access to <br>
5 Science Act’’.<br><br>
[*pg 2]<br><br>
1 <b> SEC. 2. FINDINGS. <br>
</b>2 The Congress finds that— <br>
3 (1) the United States
Government funds basic <br>
4 research with the intention and the belief that the <br>
5 new ideas and discoveries that result from the re- <br>
6 search will improve the lives and welfare of the peo-
<br>
7 ple of the United States and around the world; <br>
8 (2) works of the United
States Government are <br>
9 beyond the reach of copyright protection so that they
<br>
10 will be freely available for the benefit of the people
<br>
11 of the United States; <br>
12 (3) the United States
Government spends <br>
13 $45,000,000,000 a year to support scientific and <br>
14 medical research whose product is new knowledge <br>
15 for the public benefit; <br>
16 (4) the Internet makes it
possible for this infor- <br>
17 mation to be promptly available not only to every <br>
18 scientist and physician who could use it to further <br>
19 the public good, but to every person with access to <br>
20 the Internet at home, in school, or in a library; and
<br>
21 (5) United States Government
funded research <br>
22 belongs to, and should be freely available to, every
<br>
23 person in United States. <br><br>
[*pg 3]<br><br>
1 <b> SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY <br>
</b>2 <b> FUNDED BY THE FEDERAL GOVERNMENT. <br>
</b>3 (a) FUNDING
AGREEMENTS.—Section 105 of title 17, <br>
4 United States Code, is amended— <br>
5 (1) by striking
‘‘Subject to’’ and inserting ‘‘(a) <br>
6 IN GENERALSubject to’’; and <br>
7 (2) by adding at
the end the following: <br>
8 ‘‘(b) FEDERALLY FUNDED
WORKS.— <br>
9 ‘‘(1) IN
GENERAL.—Copyright protection under <br>
10 this title is not available for any work produced pur-
<br>
11 suant to scientific research substantially funded by
<br>
12 the Federal Government to the extent provided in <br>
13 the funding agreement entered into by the relevant <br>
14 Federal agency pursuant to paragraph (2). <br>
15 ‘‘(2) PROVISION
IN FUNDING AGREEMENTS.— <br>
16 Any Federal department or agency that enters into <br>
17 a funding agreement with any person for the per- <br>
18 formance of scientific research substantially funded
<br>
19 by the Federal Government shall include in the <br>
20 agreement a provision that states that copyright pro-
<br>
21 tection under this title is not available for any work
<br>
22 produced pursuant to such research under the agree- <br>
23 ment. <br>
24 ‘‘(3)
REGULATIONS.—Each Federal department <br>
25 or agency that enters into funding agreements to
<br><br>
[*pg 4]<br><br>
1 which paragraph (2) applies shall issue regulations <br>
2 to carry out that paragraph. <br>
3 ‘‘(4)
DEFINITION.—In this subsection, the term <br>
4 ‘funding agreement’ means any contract, grant, or <br>
5 cooperative agreement entered into between any <br>
6 Federal agency and any person for the performance <br>
7 of scientific research funded by the Federal Govern- <br>
8 ment. Such term includes any assignment, substi- <br>
9 tution of parties, or subcontract of any type entered
<br>
10 into for the performance of such research.’’. <br>
11 (b) EFFECTIVE DATE.—The
amendments made by <br>
12 subsection (a) shall apply to any funding agreement (as
<br>
13 defined in section 105(b)(4) of title 17, United States
<br>
14 Code, as added by subsection (a) of this section), entered
<br>
15 into on or after the date of the enactment of this Act.
<br>
16<b> SEC. 4. SENSE OF CONGRESS. <br>
</b>17 It is the sense of the
Congress that any Federal de- <br>
18 partment or agency that enters into funding agreements
<br>
19 (as defined in section 105(b)(4) of title 17, United
States <br>
20 Code, as added by section 3(a) of this Act) should make
<br>
21 every effort to develop and support mechanisms for mak-
<br>
22 ing the published results of the research conducted pursu-
<br>
23 ant to the agreements freely and easily available to the
<br>
24 scientific community, the private sector, physicians, and
<br>
25 the public. <br><br>
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